BOSTON, September 6, 2018— A man was sentenced to prison this afternoon after a jury convicted him of robbing a man with cerebral palsy last summer, Suffolk County District Attorney Daniel F. Conley said.

A Suffolk Superior Court jury today found BENJAMIN JOSEY, 59, guilty of armed robbery, assault and battery on a disabled person, and stealing by confinement. Josey, who was residing at a Boston homeless shelter at the time of his arrest last year, faced sentencing this afternoon before Judge Kenneth Salinger. Assistant District Attorney David Wittenberg of the DA’s Elders and Persons with Disabilities Unit requested that Josey be sentenced to five to seven years in state prison followed by two years of probation with conditions mandating that he undergo drug treatment and stay away from the victim during that time. Salinger imposed a term of three to five years in prison.

During the course of this week’s trial, Wittenberg presented evidence and testimony to prove that on Aug. 24, 2017, Josey approached the then-25-year-old victim as he sat outside a Dartmouth Street residence with a relative who is an amputee and confined to a wheelchair. After the victim denied Josey’s repeated requests for money, Josey displayed what appeared to be the handle of a knife and stated that he intended to rob someone, putting the victim in fear for his own safety and that of his relative, Wittenberg proved. Josey then forced the victim to walk to a nearby ATM where the victim withdrew $60 under duress. Josey briefly grabbed the victim from behind during the transaction and left the area after the victim handed him the money.

Boston Police detectives obtained security camera images from the ATM and recognized the assailant as Josey – a Level 3 sex offender convicted in Hampden County of aggravated rape and rape of a child – from his sex offender registration photo. The victim and a witness each positively identified Josey in a photo array as the man who had robbed the victim.

Before the sentence was imposed, the victim delivered an impact statement in court describing how the incident has affected him.

“It’s hard for me to feel comfortable,” the victim told the court. “I always have a constant reminder of what happened that day.”

“It was important to all of us to stand up for the victim in this case, who was particularly vulnerable because of his disability,” Conley said. “Our Elders and Persons With Disabilities Unit specializes in cases like this one, and it has the resources to serve and support people with similar specialized needs. These cases are important, and the victims can count on us for help.”

Sasha Brown is the DA’s assigned victim witness advocate. Josey was represented by David Leon.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.